Michel v. McMaster Trucking LLC et al

Filing 29

ORDER - IT IS ORDERED that: Attorneys Linda Wells and Howard Foley are directed to file a status report with the Court, on defendants behalf, within 30 days of this Order. Alternatively, if defense counsel wish to file a formal motion to withdraw as counsel, they shall do so within 30 days of this Order. Any such motion shall comply with Local Rule 83.6. Signed by Senior Judge B. Lynn Winmill. (caused to be mailed to non Registered Participants at the addresses listed on the Notice of Electronic Filing (NEF) by (hs)

UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF IDAHO
ROBERT MICHEL,

Case No. 1:17-cv-00349-BLW

Plaintiff,

ORDER

v.
MCMASTER TRUCKING LLC, an
Idaho limited liability company; and
JUSTIN McMASTER,
Defendants.

BACKGROUND
In August 2017, Plaintiff Robert Michel sued McMaster Trucking LLC and
Justin McMaster. He asserted various claims related to what he described as a
“lease-to-own” arrangement involving a semi-truck and flatbed trailer. Among
other claims, Michel alleged that defendants violated the federal Truth-in-Leasing
regulations. After defendants answered the complaint, defendants declared
bankruptcy and the Court stayed the action.
In January 2023, the Court directed the parties to file a written status report.
Defendants did not respond to this request. Plaintiff, however, filed a report
indicating that individual defendant Justin McMaster waived a discharge in his

ORDER - 1

personal bankruptcy and that the bankruptcy court closed the “Business
Bankruptcy” without discharging Defendant McMaster Trucking, LLC. See Dkt.
27-2, at 2. Plaintiff asked the Court to enter a default against defendants “on the
basis that . . . there has been a failure to plead or otherwise defend as provided by
Rule 55(a) of the Federal Rules of Civil Procedure.” Dkt. 27-1, at 1-2. The Court
directed the Clerk to refrain from entering such a default, however, given that
defendants have answered the complaint.
Plaintiff’s counsel further indicated that the two attorneys representing the
defendants—Linda Wells and Howard Foley—are no longer with the Foley
Freeman law firm. Regardless, these attorneys remain as counsel of record in this
case. They have not updated their addresses with the Court and they have not
moved to withdraw. Under these circumstances, and in an effort to move this case
forward, the Court will order the following:
ORDER
IT IS ORDERED that:
1. Attorneys Linda Wells and Howard Foley are directed to file a status
report with the Court, on defendants’ behalf, within 30 days of this
Order. Alternatively, if defense counsel wish to file a formal motion to
withdraw as counsel, they shall do so within 30 days of this Order. Any

ORDER - 2

such motion shall comply with Local Rule 83.6
2. The Clerk shall serve a copy of this order (by regular U.S. mail and by
email) on Ms. Wells and Mr. Foley at the address on file with this Court
and at the following addresses, which are the addresses on file with the
Idaho State Bar:
Linda Elizabeth Wells
Twin Falls City Attorneys’ Office
PO Box 1907
Twin Falls, ID 83303-1907
[e-mail]
Howard Ray Foley
Foley Freeman, PLLC
3995 E. Vantage Pointe Lane
Meridian, ID 83642
[e-mail]
IT IS SO ORDERED.
DATED: April 4, 2024
_________________________
B. Lynn Winmill
U.S. District Court Judge

ORDER - 3